Terms of Use

Web Site Terms of use, Legal, Disclaimer etc.

Legal Notice

The purpose of these Website Terms of Use is to explain FR Aviation LIMITED T/A Draken Europe (Draken) hereinafter referred to as Draken, terms and conditions of use and/or access to www.draken.aero (hereinafter referred to as “Website”) and that Draken has taken all reasonable care to ensure that the information on this Website was accurate at the time of its initial inclusion. However, no warranty, condition or representation, express or implied, is made or given that the information is free from errors, inaccuracies or omissions. Furthermore, the information may be subject to change or update without notice and must not be taken as establishing any contractual or other commitment binding upon the Trade Compliance Officer / Manager in Draken’s Commercial Department or any of its subsidiary or associated companies.

This Website may provide links to third-party sites for your convenience and information. If you access those links, you will leave Draken’s site. The Trade Compliance Officer / Manager in Draken’s Commercial Department nor its subsidiaries or associated companies control those sites and do not endorse directly or indirectly any information or make any representations about third-party sites or the owners. The Trade Compliance Officer / Manager in Draken’s Commercial Department are not responsible for the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Draken or any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site.

Any comments or materials sent to the Trade Compliance Officer / Manager in Draken’s Commercial Department or any of its subsidiaries or associated companies through its public web sites, including suggestions and responses to questions, shall be deemed to be non-confidential. The Trade Compliance Officer / Manager in Draken’s Commercial Department shall have all rights to such comments and materials and may use them as it sees fit.

Copyright

The copyright, trademarks, logos and service marks ("Marks") displayed on the Website are the property of the Trade Compliance Officer / Manager in Draken’s Commercial Department and other parties. Users are prohibited from using any Marks for any purpose other than the purposes of this Website without the written permission of the Trade Compliance Officer / Manager in Draken’s Commercial Department or such third party which may own the Marks. All information and content available on or through the Website ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.

Disclaimer

Whilst all reasonable care has been taken in the preparation of this Website no liability is accepted under any circumstances by the Trade Compliance Officer / Manager in Draken’s Commercial Department nor its subsidiaries or associated companies for any loss incurred as a result of reliance on any statement, error or any omission contained herein, including without limitation direct, indirect or consequential damages however arising from your use of the Website or any website to which this Website is linked.

All content on the Website is provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

The statements within this Website reflect our understanding of current and proposed legislation, which may change without notice.

The content of this Website should not be regarded as specific advice in relation to the matters addressed.

Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.

These terms and conditions and any disputes shall be governed by and in accordance with the laws of England & Wales and subject to the exclusive jurisdiction of the English courts.

Translations

Certain text in this Website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Draken makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Prohibited uses

You agree not to use the Website (including, without limitation, any Materials or Services you may obtain through your use of the Draken Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Draken Website or servers or networks connected to the Draken Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Draken Website; or (y) attempt to gain unauthorized access to any portion of the Draken Website or any other accounts, computer systems, or networks connected to the Draken Website, whether through hacking, password mining, or any other means and as further detailed below.

Viruses, Hacking and other offences: You must not misuse the Draken Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Draken Website, the servers on which the Draken Website is stored or any server, computer or database connected to the Draken Website. You must not attack the Draken website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Draken website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Draken website or to your downloading of any Materials posted on it, or on any website linked to it.

Termination

Except as set forth in "Other agreements; software, services or access", below, The Trade Compliance Officer / Manager in Draken Commercial Department may terminate, suspend or modify your access to, all or part of the Draken website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Draken website at any time. If you breach any of these Terms, your authorization to use the Draken website automatically terminates.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that the Trade Compliance Officer / Manager in Draken’s Commercial Department may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Draken's liability shall be the minimum permitted under such applicable law.

Extranet access

These additional terms of use apply for external access to Draken IT systems by 3rd party organisations.

US Government Contracts

ITAR and EAR

The system is not to be used for the exchange of information covered by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR).

DFARS and FARs

In the event that your organisation is involved with the provision of goods or services destined for the United States Government which involves access to and/or exchange of Controlled Unclassified Information (CUI), Controlled Technical Information (CTI), or Covered Defense Information (CDI), access to the system is granted strictly on the understanding that your organisation is fully compliant with DFARS Clause 252.204-7012, FAR 52.204-21 and all other applicable clauses within the Federal Acquisition Regulations (FAR). If this is not the case, or if you are in any doubt, your Contracts Officer should contact Draken’s Commercial Department and clarify the situation in writing before proceeding. This requirement applies both to CUI, CTI and CDI received as part of the contract concerned as well as CUI, CTI and CDI developed by your organisation during contract delivery. Tendering forms part of delivery.

Data Labelling

All CUI, CTI and CTI data stored in the system by Draken will be clearly labelled as such. In the event that your organisation downloads data that is not labelled CUI, CTI or CDI, but has good reason to believe that it should be labelled as such, your Contracts Officer should immediately contact Draken’s Commercial Department and clarify the situation in writing.

All CUI, CTI and CTI data uploaded by your organisation to the system must be clearly labelled as such prior to upload. If you are unsure how to proceed your Contracts Officer should contact Draken’s Commercial Department and clarify the situation in writing before proceeding. FAR 52.204-23 Access to the system is predicated on your organisation being compliant with

FAR 52.204-23

“Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)”. If you are unsure your Contracts Officer should contact Draken’s Commercial Department to clarify the situation in writing before proceeding.

Other agreements: software, services or access

Draken may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to Draken Website under the terms of a separate agreement between you and Draken (each, an "Other Agreement"). C's obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available to download from the Draken Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.